부당이득반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 30, 2012, the Plaintiff, a corporation conducting the business of producing, maintaining, repairing, etc. a website of basic facts, concluded a program development service contract (hereinafter referred to as “instant contract”) with the Defendant, under which the Defendant develops four web sites, including C, D, E, and F Programs development and output (of them, userUI is three, and F is limited to managerUI) and the Plaintiff would pay 36 million won to the Defendant.
The development of the above program is conducted in the order of ① planning and design phase (PTPP file), ② Web design phase (PS file), ③ crowdfunding work phase (HTL, CSS, JS, GIF, and PNG file) (4) program work phase (functional analysis, DB design, server-type, server-type, display, and JSP file, and open on the site). The instant contract was the content that the Defendant provided the Defendant with UI-HTM development data (PTPP design) based on the results of the phase, and the Defendant provided them to the Defendant, and based on the results, the Defendant performed the work at the fourth phase.
However, during the contract period of this case, the Plaintiff changed or added the contents of the PPT design that the Plaintiff provided to the Defendant several times, and accordingly the Defendant also has to change or re-work the content of the program development.
In addition, the Plaintiff was unable to provide the Defendant with some of the UI-HTL development data necessary for the Defendant’s work until September 2012, even until September 2012 when the period of the first contract expires (However, the period was set to be changed by mutual consultation).
Then, on October 25, 2012, the Plaintiff unilaterally expressed the intent of the Defendant to unilaterally suspend the performance of the instant contract (e.g., refusal of performance), and notified the rescission of the instant contract on October 25, 2012, and sought restitution and damages against the Defendant on October 29, 2012.